Getting into a car accident is a traumatizing experience. However, it can be even more stressful and confusing if it happens outside of your home province. Here’s a look at what you need to know if you get into a motor vehicle accident outside of Ontario.
If you have an Ontario car insurance policy, the good news is that you’re covered by the Statutory Accident Benefits Schedule (SABS) anywhere within Canada and the United States. Here’s an overview of the SABS benefits available to you:
Liability coverage to cover the costs of settling a legal claim if you’re at fault Accident benefits to provide compensation for things like lost income and medical expenses regardless of whether you’re at fault
Uninsured automobile coverage to cover damage to your car if you’re hit by an uninsured driver
Direct compensation to cover damage to your car or the property inside your car if the other driver is at fault.
Alternatively, instead of receiving SABS benefits, you may be able to file a claim under the laws of the province or state in which the accident occurred. However, each province in Canada and each state in the United States has different legislation and regulations surrounding car insurance. Therefore, it’s best to seek the advice of a personal injury lawyer as soon as possible to determine the best way to proceed.
SUING AN AT-FAULT DRIVER
If you decide to pursue legal action against the at-fault driver, things can become more complicated. In order for your case to fall under the jurisdiction of the Ontario court system, you’d have to prove the following four presumptive factors:
The at-fault party lives in Ontario
The at-fault party carries out business in Ontario
The accident happened in Ontario
A contract connected with the dispute was made in Ontario
If any of these conditions are not met, and the at-fault driver won’t voluntarily submit to an Ontario court’s jurisdiction, you’ll likely have to bring your claim forward in the province or state where the accident took place. If your case must proceed in the province where the injury occurred, the team at Feifel Gualazzi can help you find an experienced attorney in that jurisdiction who can provide you with the quality legal representation you deserve.
REPUTABLE PERSONAL INJURY LAWYERS IN SAULT STE. MARIE AND WAWA
The personal injury lawyers at Feifel Gualazzi have extensive experience helping individuals involved in motor vehicle accidents receive the compensation they deserve. Our team has successfully helped clients with whiplash, emotional and catastrophic injury claims.
Contact us today for a free consultation.